The Capitulation of Santiago

Contributed by Dave Rogers

General:

The following document is the formal surrender
document for the capitulation of Santiago.

The document:

The Capitulation of Santiago, July 16,1898

Terms of the military convention for the capitulation of the Spanish
forces occupying the territory which constitutes the division of Santiago
de Cuba, and described as follows: All that portion of the island
of Cuba east of the line passing through Aserradero, Dos Palmas, Cauto
Abajo, Escondida, Tanamo, and Aguldora, said troops being in command of
Gen. Jose Toral, agreed upon by the undersigned commissioners: Brig. Gen.
Don Federico Escario, Lieut. Col. Of Staff Don Ventura Fontan, and, as
interpreter, Mr. Robert Mason, of the city of Santiago de Cuba, appointed
by Gen. Toral, commanding the Spanish forces, on behalf of the Kingdom
of Spain, and Maj. Gen. Joseph Wheeler, United States Volunteers; Maj.
Gen.
H. W. Lawton, United States Volunteers; and First Lieut. J. D.
Miley, Second Artillery, aid-de-camp, appointed by Gen.
Shafter, commanding the American forces, on behalf of the United
States:

1. That all hostilities between American and Spanish forces
in this district absolutely and unequivocally cease.

2. That this capitulation includes all the forces and war material
in said territory.

3. That the United States agrees with as little delay as possible
to transport all the Spanish troops in the said district to the Kingdom
of Spain, the troops being embarked, as far as possible, at the port nearest
the garrison they now occupy.

4. That the officers of the Spanish Army be permitted to retain
their side arms and both officers and private soldiers their personal property.

5. That the Spanish Authorities agree to remove, or assist
the American Navy in removing all mines or other obstructions to navigation
now in the harbor of Santiago and its mouth.

6. That the commander of the Spanish forces deliver, without
delay, a complete inventory of all arms and munitions of war of the Spanish
forces in the above-described district to the commander of the American
forces; also a roster of said forces now in said district.

7. That the commander of the Spanish forces, in leaving said
district, is authorized to carry with him all military archives and records
pertaining to the Spanish Army now in said district.

8. That all that portion of the Spanish forces known as volunteers,
mobilizados, and guerrillas who wish to remain in the Island of Cuba are
permitted to do so upon condition of delivering up their arms and taking
a parole not to bear arms against the United States during the continuance
of the present war between Spain and the United States.

9. That the Spanish forces will march out of Santiago
de Cuba with honors of war, depositing their arms thereafter at a point
mutually agreed upon, to await their disposition by the United States Government.
It being understood that the United States commissioners will recommend
that the Spanish soldier return to Spain with the arms he so bravely defended.

10. That the provisions of the foregoing instrument become
operative immediately upon its being signed.

Entered into this 16th day of July, 1898, by the undersigned commissioners,
acting under instructions from their respective commanding generals and
with the approbation of their respective Governments.

J. D. MileyFirst Lieutenant, Second Artillery, Aid-di-Camp to General Shafter

Federico EscarioVentura FontanRobt. Mason

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